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Explore On The Obligation Of Subject About Contract Of Institutional Service For The Elderly

Posted on:2013-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:L SunFull Text:PDF
GTID:2246330374450944Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The elder facility’s service is a special type of long-term care. It involves theform of service such as medical care, rehabilitation and life care and so on. Its serviceobject is a vulnerable group of the elderly in the social relations. In the contract ofinstitutional service for the elderly, because of the complexity of the behavior ofpension service and the elder in an individual difference, once the defects in service, iteasily leads to the damage of the personal rights and interests. Therefore, the risk ofservices for the aged is more than other behaviors of civil.Currently, the contract disputes of institutional service for the elderly areresolved without legal protection because of the lack of the provisions of thelegislation on social services for the aged. In practice, some local regulations are usedto adjust the contract relationship of institutional service for the elderly. But theseregulations only enumerate the principal terms of the contract of service. They don’tstipulate detailed the obligations of the parties. Consequently, clearing the obligationof subject about contract of institutional service for the elderly can comprehensiveprotect the interest of the parties. This paper mainly adopts semantic analysis,comparative and typological methods. Contract of institutional service for the elderlyis a kind of contract for commission. The subjects of contract include elder carefacility, the elder of institutional service for the elderly and some people related tothem. The contract deals with negotiated and legal obligations, and benefit andcollateral obligations. The benefit obligations of subjects in contract include provisionof service in accordance with negotiation, rational deployment of resources, soundfiling, tried to comfort the elder and timely payment, the guardianship obligation ofthe elderly to stay at the pension agency. The collateral obligations of the partiesconcerned mainly deal with information and assistance. Besides, safeguard forsecurity is the specific collateral obligation of elder care facility. When the subjects ofthe contract violate the obligations, we should apply commission of fault liability.Judging the defects in service for the elderly is based on the tectonic theory ofcontractual obligation. What’s more, the emergency and regional of service for the elderly, and the differences in scale, qualification for elder institution are additionalstandard. Under certain conditions, the injured elderly may request the mental damageand punitive compensation. In the end, the author gives an analysis of the exemptionof the contract of institutional service for the elderly from force majeure, the creditorwho is in default and agreed exemption clauses.
Keywords/Search Tags:contract of service for the elder, elder care facility, the elder, subject ofcontract of service for the elder
PDF Full Text Request
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